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Guardians of the public interest

Solicitor General Edward Garnier QC MP discusses the role of the Law Officers in referring a sentence which is considered to be unduly lenient to the Court of Appeal 

The Law Officers (the Attorney General, Dominic Grieve QC MP, and I) have a wide variety of powers, from assisting charities to prosecuting the media for contempt, but none is more high profile than the power under the Criminal Justice Act 1988 to refer a case to the Court of Appeal where the sentence is considered to be unduly lenient. 

31 December 2010
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Bar Conference 2010 - Raising the Bar: Core Values V Opportunities

The Conference proceedings were described as the showcase of our branch of the profession, reports David Wurtzel  

Opening Keynote and Plenary 

Opening the 25th annual Bar conference the Conference Chairwoman, Kim Hollis QC called the proceedings “the showcase of our branch of the profession”. She then laid down her challenge: “My objective is that by the time you leave, each of you is thinking laterally about your future.” Having asserted that there are things such as access to justice on which we will not compromise (core values), she held out the prospect that there was a huge global marketplace out there (opportunity). 

30 November 2010 / David Wurtzel
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Strangled at Birth

As the Coalition Government begins its bonfire of the quangos, the judicial office of Chief Coroner can be found among the ashes, says John Cooper QC 

As the Coalition Government begins to burn the quangos, among the ashes can be found the office of Chief Coroner. Never can a judicial office have been so short lived. Strangled at birth would be exaggerating its longevity as the post was only just about to be filled. Although “under review”, most commentators now believe that the Chief Coroner will be abolished – if you can abolish something that has not yet happened. 

30 November 2010
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Mind games

What are the advocate’s emotional drivers when conducting a cross-examination, wonders Professor Penny Cooper. The ability to continually assess the witness’s demeanour and adjust one’s questioning is crucial, she concludes.  

In 1905 in The Art of Cross-examination, Francis Wellman wrote “It requires the greatest ingenuity; a habit of logical thought; clearness of perception in general; infinite patience and self-control; power to read men’s minds intuitively, to judge of their character by their faces, to appreciate their motives; ability to act with force and precision; a masterful knowledge of the subject-matter itself; an extreme caution; and, above all, the instinct to discover the weak point in the witness under cross-examination.” 

30 November 2010 / Professor Penny Cooper
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On the interview merry-go-round

Towards the end of his training contract, the author decided to transfer to the Bar. He also applied for newly-qualified positions as a solicitor. He describes a Summer of over 60 interviews, comparing chambers’ interviews with those conducted by City law firms 

Towards the end of my training contract at a “magic circle” firm, I decided to pursue my long-held ambition to transfer to the Bar. So began the quest for one of the 460 pupillages contested by over 4,000 applicants. With these statistics and the current job market in mind, I also applied for newly-qualified (“NQ”) litigation positions in City law firms, making it clear that I was also applying for pupillage and, if offered a position, I could only work for a year before starting pupillage. 

30 November 2010
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An American Dream

96587507Andrew Otchie on the highlights of the American Bar Association annual meeting.  

The American Bar Association (“ABA”) annual meeting is a big event. The 2010 conference in San Francisco California between 5 and 10 August was no exception. The various sections, divisions and forums of the ABA offer such a broad range of seminars to discuss the contemporary and controversial legal issues in America – with the focus this year on same-sex marriage, anticipatory self-defence in international law, marijuana regulation, and Facebook – that choosing which seminars to attend and navigating through the 288 page programme to the appropriate venue is quite a task in itself. 

31 October 2010
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Judicial Maladies

St Albans Syndrome, Woolwich Worm and other ailments. Christopher Kinch QC reports on the latest outbreaks.  

You might think that things were hard enough at the criminal Bar these days without the judiciary starting to show signs of reverting to the bad old days of cantankerous and difficult judges. It is within living memory that when counsel failed to curtail his submission before the then resident judge at Southwark he was allowed a period of reflection in the court cells. Isn’t it all supposed to be different now with a modern judiciary all schooled and refreshed by the JSB at those arduous seminars at Warwick? There are signs that some judges may be falling into bad habits, or perhaps there is something in the judicial water flasks that is proving a source of infection. Whatever the cause, it seems about time for some health advice to any member of the Bar finding themselves confronted by signs of judicial malady. 

31 October 2010
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Past & Present

David Wurtzel looks through old issues. The rhetoric is the same, he concludes 

31 October 2010
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Stepping Up to the Bench

Lord Justice Toulson discusses the forthcoming selection for seven criminal law Senior Circuit Judge appointments.  

There will soon be a rare opportunity to apply for a significant number of criminal law Senior Circuit Judge roles across the country, including the Old Bailey where for the first time there is to be a vacancy for a judge to work for a reduced number of days. 

31 October 2010
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Happy Birthday Counsel!

iStock_000009472338LargeNigel Pascoe QC raises his glass to celebrate Counsel's 25th anniversary 

And so, dear reader, which is it to be: a magnum of champagne or a small glass of dry sherry to celebrate a modest achievement?  Probably somewhere between the two .  Counsel has reached its 25th birthday in reasonable shape with a continuing selection of readable articles and more friends than implacable enemies.  Let that not sound too complacent.  There will always be angry readers believing, as with Punch, that it is not the magazine they remember.  In a sense they are quite right.  Counsel continues to evolve, but a discernable independent spirit still exists which continues to mirror the extraordinary panorama of the practicing and employed bar. 

31 October 2010
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